Monday, May 18, 2015

WHY DOES ANYONE HAVE A DOG LIKE THIS ?????

Both of our family dogs are ill now. Jake, 12 years old, has pancreatic disease, and Jessi, 11-years-old, has Lymphoma. Jake gets very sick to his stomach and is losing weight daily. Jessi has a hard lump as big as a soft ball on a lymph node on her neck. She has days when she is very, very sick. Then other days she seems better. She is also losing weight.With the warm weather Jessi prefers to stay outside lying in sunny spots. Since we have not seen or heard......................XL PIT BULL #6 running loose in the yard next door or barking since the middle of February, we hoped and prayed the monster was gone.....but no such luck !!!We slept late this morning and I got up and made coffee and let my bassets out. Jake went back in the house after a few minutes but Jessi as usual wanted to lay in the morning sun. So I was sitting there in my comfortable chair listening to birds singing and there was no barking or dog sounds coming from anywhere. It was around 10:30am.I know that there is one female white pit bull #5 that is kept in a pen attached to a building in their back yard on the opposite side of their yard. That pit was laying in a cut-out door in the side of that utility building and its bark collar is evidently got good batteries in it because it was not barking this morning. This dog remained very quiet.THEN SUDDENLY I HEARD A THRASHING ABOUT AND CRASHING SOUND AND IT WAS LIKE THINGS OR BOARDS WERE FALLING AROUND THOSE DOG PENS.....I TURNED MY HEAD TO THE RIGHT TOWARD THE FENCE.....AND I IMMEDIATELY THOUGHT....THAT FEMALE WHITE PIT #5 HAS CLIMBED OUT OF THAT PEN AND KNOCKED THOSE BOARDS DOWN THEY HAVE PLACED ACROSS THE TOP OF THE FENCE TO KEEP HER FROM CLIMBING OUT......THEN........I HEARD HEAVY BREATHING AND SNORTING LIKE A LARGE DOG SMELLING ALONG THE FENCE AND THEN I SAW THROUGH THE CRACKS IN THE FENCE THE FORM OF A LARGE DARK COLORED DOG WALKING THE FENCE LINE BACK AND FORTH !!! I KNEW IT WAS XL PIT #6.I SPRANG UP AND GOT JESSI'S LEASH AND CALLED HER TO COME AND SHE CAME AND I PUT HER IN THE HOUSE. THEN I WENT TO MY BEDROOM WINDOW THAT OVERLOOKS PART OF THE FENCE THAT HAS A GATE AND ATTACHES TO THEIR HOUSE.THERE IT WAS - LARGE AND MUSCLED - UNNEUTERED - STICKING ITS HEAD THROUGH THE RAILS OF THE FENCE AND SMELLING. I GO BACK OUTSIDE AND SIT DOWN VERY QUIETLY AND LISTEN. THE DOG GOES BACK TO THE GARAGE SIDE OF THE HOUSE AND I DO NOT HEAR IT NOR ANY ADULT PERSON OVER THERE FOR OVER 30 MINUTES. THEY WERE THERE BECAUSE THERE ARE CARS PARKED IN THEIR DRIVEWAY BUT THEY APPEARED TO BE ALL STILL ASLEEP.............SO WHAT WAS THE NOISE I HAD HEARD RIGHT BEFORE THE DOG WAS LOOSE IN THE YARD NEXT TO OUR FENCE? I CAN ONLY DEDUCT 2 SCENARIOS: 1) THE DOG IS BEING KEPT IN THE GARAGE AND THE DOOR WASN'T SECURED AND THE DOG FORCED ITS WAY OUT THE BACK DOOR OF THE GARAGE. OR 2) THE DOG IS KEPT IN A SMALL PEN ON THE GARAGE SIDE OF THE HOUSE THAT WE CAN'T SEE AND IT BROKE OUT OF IT.THIS PIT BULL IS ABOUT 1 YEAR OLD. THERE WAS A FEMALE THAT LOOKED JUST LIKE THIS MALE BUT SMALLER. WE HAVEN'T SEEN HER SINCE FEBRUARY. SHE MAY VERY WELL STILL BE THERE ALSO.SO THESE DOG/DOGS ARE STILL THERE AND ALLOWED TO RUN AROUND WITH NO ADULT SUPERVISION INSIDE A FENCE THAT THEY COULD EASILY LEAP OVER. MY DOGS NEED FRESH AIR AND CONSTANT CARE IN THESE MONTHS THAT THEY ARE DYING. WE NEED TO FEEL SAFE IN OUR OWN BACKYARD. SO NOW WITH ALL THE STRESS WE ARE GOING THROUGH, I HAVE TO BE VIGILANT ABOUT CARRYING A GUN WITH ME EVERY TIME I GO INTO MY YARD.WHY DOES ANYONE NEED A DOG THAT IS SO LARGE AND SCARY AND COULD DO SO MUCH HARM IF IT DECIDES TO?

7 comments:

I'm sorry that you and your elderly bassets can't enjoy your own yard without having to be ready to shoot a menace. I ask myself the same question every single time my son goes out to play. Why does anyone need an XL dangerous animal that could easily end the lives of innocent people and animals? Why should we be subject to such terrors?

THE CODE OF ALABAMA - 1975

Title: 6 CIVIL PRACTICE

Section 6-5-120

Defined.

A "nuisance" is anything that works hurt, inconvenience or damage to another. The fact that the act done may otherwise be lawful does not keep it from being a nuisance. The inconvenience complained of must not be fanciful or such as would affect only one of a fastidious taste, but it should be such as would affect an ordinary reasonable man.

(Code 1907, §5193; Code 1923, §9271; Code 1940, T. 7, §1081

Section 6-5-121

_____________________

Distinction between public and private nuisances; right of action generally.

Nuisances are either public or private. A public nuisance is one which damages all persons who come within the sphere of its operation, though it may vary in its effects on individuals. A private nuisance is one limited in its injurious effects to one or a few individuals. Generally, a public nuisance gives no right of action to any individual, but must be abated by a process instituted in the name of the state. A private nuisance gives a right of action to the person injured.

Use of force in defense of a person.

(a) A person is justified in using physical force upon another person in order to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he or she may use a degree of force which he or she reasonably believes to be necessary for the purpose. A person may use deadly physical force, and is legally presumed to be justified in using deadly physical force in self-defense or the defense of another person pursuant to subdivision (4), if the person reasonably believes that another person is:

(1) Using or about to use unlawful deadly physical force.

(2) Using or about to use physical force against an occupant of a dwelling while committing or attempting to commit a burglary of such dwelling.

(3) Committing or about to commit a kidnapping in any degree, assault in the first or second degree, burglary in any degree, robbery in any degree, forcible rape, or forcible sodomy.

(4) In the process of unlawfully and forcefully entering, or has unlawfully and forcefully entered, a dwelling, residence, or occupied vehicle, or federally licensed nuclear power facility, or is in the process of sabotaging or attempting to sabotage a federally licensed nuclear power facility, or is attempting to remove, or has forcefully removed, a person against his or her will from any dwelling, residence, or occupied vehicle when the person has a legal right to be there, and provided that the person using the deadly physical force knows or has reason to believe that an unlawful and forcible entry or unlawful and forcible act is occurring. The legal presumption that a person using deadly physical force is justified to do so pursuant to this subdivision does not apply if:

a. The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner or lessee, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person;

b. The person sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used;

c. The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or

d. The person against whom the defensive force is used is a law enforcement officer acting in the performance of his or her official duties.

(b) A person who is justified under subsection (a) in using physical force, including deadly physical force, and who is not engaged in an unlawful activity and is in any place where he or she has the right to be has no duty to retreat and has the right to stand his or her ground.

(c) Notwithstanding the provisions of subsection (a), a person is not justified in using physical force if:

(1) With intent to cause physical injury or death to another person, he or she provoked the use of unlawful physical force by such other person.

(2) He or she was the initial aggressor, except that his or her use of physical force upon another person under the circumstances is justifiable if he or she withdraws from the encounter and effectively communicates to the other person his or her intent to do so, but the latter person nevertheless continues or threatens the use of unlawful physical force.

(3) The physical force involved was the product of a combat by agreement not specifically authorized by law.

(d) A person who uses force, including deadly physical force, as justified and permitted in this section is immune from criminal prosecution and civil action for the use of such force, unless the force was determined to be unlawful.

(e) A law enforcement agency may use standard procedures for investigating the use of force described in subsection (a), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force used was unlawful.